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1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff's claim against the defendant is dismissed.
3...
Reasons
1. Basic facts
A. The Plaintiff is a person registered as “E” and engaged in livestock products brokerage business in the F Livestock Products Joint Market. The Codefendant B of the first instance is a person who engages in wholesale retail business, such as meat, processing, spiced meat, etc., in the trade name of “G” in Suwon-gu, Busan, and the Defendant is a person who engages in wholesale retail business of livestock products in the name of “H” in Busan-guO.
B. From September 18, 2015 to January 13, 2016, the Defendant received a total of 315,748,082 won from the Plaintiff by using the business registration name (G) of Codefendant B of the first instance trial from around September 18, 2015 to around January 13, 2016, and received a total of KRW 217,836,470 in total from October 20 to February 1, 2016.
C. On August 8, 2016, the Defendant declared bankrupt and filed an application for immunity with the Busan District Court No. 2016Hadan1538, 2016 1538, and the Busan District Court declared bankruptcy against the Defendant on February 17, 2017 where the instant lawsuit was pending.
After that, on September 21, 2017, the bankruptcy trustee of the defendant taken over the litigation procedure of this case, and the defendant took over the litigation procedure of this case again due to the abolition of the bankruptcy procedure.
In addition, on September 21, 2017, the defendant received the decision of exemption from liability from the above court, and the decision became final and conclusive as it is.
[Ground of recognition] Facts without dispute, Gap evidence 1-3, Gap evidence 3-5, and the purport of whole pleadings
2. The Plaintiff’s claim against the Defendant: (a) even if the Defendant was supplied with the goods, such as friendly meat, by deceiving the Plaintiff as if he were to repay the price of the goods, even though she had no intent or ability to pay the price of the goods; and (b) Codefendant B of the first instance court allowed the Defendant to use her business registration name so that he/she can enter into a contract for the supply of goods with the Defendant and Codefendant B of the first instance court.